Is the Internet a window of opportunity for people empowerment? Can we get more power using new communication tools? My suggestion is to analyze why capitalism happened to the Internet later than it could. First we should acknowledge that it was ethical and critical reflection of some people who were engaged in promoting this new medium that led them to establishing such rules as net neutrality or Internet governance. And that it was crucial for building democratic capacity of the web. But now it’s time to rethink it in context of increasing interest of private and public powers in changing the internet we know and make it more „liberated” ( more consistent with the principlesof the free market). The question is: do we need some kind of a Net constitution? Maybe a binding human rights convention? With all my reservations to the idea of state ruling the internet – I think that probably yes, we need positive guarantee of principles as net neutrality or multistakeholder process of governing the internet, and we need more teeth against violating digital rights.